Thursday, October 06, 2005

H Lundbeck AS said it and its US partner, Forest Laboratories Inc, have reached a settlement with Alphapharm Pty Ltd, a subsidiary of Germany's Merck KGaA, regarding the patent infringement dispute over Lexapro.

Under the agreement, Alphapharm will acknowledge that the Lexapro patent is valid, enforceable and infringed by Alphapharm's proposed product and will agree to modify its Abbreviated New Drug Application (ANDA) filing accordingly.

Merck KGaA was the defendant in the Supreme Court case Merck v. Integra. The Supreme Court decision was favorable to Merck, but the case has been remanded, so that the ultimate winner is not known at this time.

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I'm a patent lawyer located in central New Jersey. I have a J.D. from the University of Chicago and a Ph.D. from Stanford University, where I studied graphite intercalation compounds at the Center for Materials Research. I worked at Exxon Corporate Research in areas ranging from engine deposits through coal and petroleum to fullerenes. An article that I wrote in The Trademark Reporter, 1994, 84, 379-407 on color trademarks was cited by Supreme Court in Qualitex v. Jacobson, 514 US 159 (1995) and the methodology was adopted
in the Capri case in N.D. Ill. An article that I wrote on DNA profiling was cited by the Colorado Supreme Court (Shreck case) and a Florida appellate court (Brim case). I was interviewed by NHK-TV about the Jan-Hendrik Schon affair. I am developing ipABC, an entity that combines rigorous IP analytics with study of business models, to optimize utilization of intellectual property. I can be reached at C8AsF5 at yahoo.com.